Legal Question in Family Law in Connecticut

If you would like to know what your visitation rights are in the Family Division of the Connecticut Superior Court to be able to respond to your ex spouse's recent application, please contact me at (203) 221-3100 ext. 109 or at [email protected]

Most problems arise when there's a new significant other in the picture. Surprise, surprise! Your ex won't get full custody just because your new girlfriend and her children are living with you. She might have an argument that the kids shouldn't stay overnight if there aren't enough beds to go around, or if there's an issue based on the gender and/or ages of the children, but the courts are fairly flexible regarding those issues and that would go to visitation, not full custody.

As to alimony and child support, in order for there to be a modification of those, the court won't modify them unless there has been a "substantial change in circumstances" since the last order was entered. That usually means that the court won't modify unless there has been at least a 15% up or down change in your income or your ex's. Income of a live in girlfriend doesn't count for child support purposes. She might be able to argue that, for alimony purposes, your income has increased by the amount that your girlfriend is contributing to household expenses, if anything, but that's a really hard sell. I wouldn't worry about it. Your ex may yell and stomp her feet, but most lawyers are going to tell her that her chances of success are slim. If you are supposed to have overnight visitation (and there are adequate sleeping accommodations) and your ex refuses to let them come, you may have to take her back to court on a contempt.

You can call me at 860-233-6336

John Heffernan